RODRIGUEZ v. BRYSON et al

Filing 194

ORDER DENYING 193 Motion to Appoint Counsel. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 11/8/2019. (kat)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
HJALMAR RODRIGUEZ, Jr.,

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Plaintiff,
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v.
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Commissioner HOMER BRYSON, et al., )
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Defendants.
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__________________
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CIVIL ACTION NO. 5:17-cv-10 (MTT)

ORDER
Plaintiff Hjalmar Rodriguez again 1 moves to appoint counsel to represent him in
his lawsuit brought pursuant to 42 U.S.C. § 1983. Doc. 193. “Appointment of counsel
in a civil case is not a constitutional right.” Wahl v. McIver, 773 F.2d 1169, 1174 (11th
Cir. 1985). Rather, “[i]t is a privilege that is justified only by exceptional circumstances.”
Id. “In determining whether to appoint counsel, the district court typically considers,
among other factors, the merits of the plaintiff's claim and whether the claim is factually
or legally so complex as to warrant the assistance of counsel.” Holt v. Ford, 862 F.2d
850, 853 (11th Cir. 1989).
In accordance with Holt, and upon a review of the record in this case, the Court
notes that Plaintiff has set forth the essential factual allegations underlying his claims,
and that the applicable legal doctrines are readily apparent. The Court concludes that

1

This is the Plaintiff’s third such motion. Docs. 95; 165.

no exceptional circumstances justifying appointment of counsel are present in this case.
Accordingly, the motion to appoint counsel (Doc. 193) is DENIED.
SO ORDERED, this 8th day of November, 2019.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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